By: Cory Yager, Ex-Cobb County Police Officer Turned Marietta GA DUI Attorney and Larry Kohn, Cobb DUI Lawyer Since 1998
Some people, including police officers, call this court the "Marietta Traffic Court." Misdemeanor DUI cases from arrests within the city limits of Marietta, GA are assigned to the Marietta Municipal Court. DUI misdemeanor arrests made by officers in other cities within Cobb County will start in those municipal courts. All three of our law partners are instructors for the NHTSA field sobriety testing protocols. That role gives us deep knowledge of the "rules." We use it to catch officers overstating the reliability of field tests. All three partners also know the shortcomings and limits of forensic breath testing devices. Many drivers take a DUI breath test after arrest, usually at the police station or jail. Anyone in that position should talk to us about how to fight to exclude that breath alcohol test.
Any felony DUI cases will be transferred to Cobb County Superior Court. In Georgia, the Superior Courts have exclusive jurisdiction over all felony charges. WARNING: A defendant should not simply "bind over" the case to the jury trial court too soon. Your DUI defense attorney needs a chance to explore a possible "negotiated plea" to a lesser criminal offense in the lower court.
Municipal courts are "bench trial-only" courts. Your fate is not decided by a jury of 6 (in misdemeanor cases) or 12 (in felony cases). If you "waive" (give up) your right to trial by a jury, you can have the judge decide your guilt or innocence. Inexperienced lawyers often think that choice is never a good idea. In some cases, that view is wrong.
Driver's License NOTICE of Possible Ignition Interlock Device (IID) Option
In almost 100% of DUI arrests, police take our client's plastic driver license. An 8.5-inch by 11-inch form called a DDS 1205 replaces the license. That paperwork states that you will suffer a 12-month TOTAL loss of driving privileges as a consequence of this DUI arrest. Quick steps are needed to protect your driving privileges.
Two paths exist. The first path is a traditional DDS GA appeal, and all drivers are eligible for it. The second path is an application for a DDS Georgia Ignition Interlock Device-restricted driving permit for the next 12 months. That second path is only open to drivers facing their first offense DUI within the past 5 years, using dates of arrest to measure. Those drivers must also be licensed in Georgia and be age 21 or more. A driver who takes neither path will suffer a TOTAL loss of the ability to legally drive in Georgia for a full year.
If you request a trial by jury, your Marietta criminal lawyer will request that your case be moved to Cobb County State Court. Every client of ours is treated with respect and compassion and is considered innocent of all charges. In rare cases, other legal issues keep some of our clients in jail while the case winds its way through the courts. When that happens, our goal is to rush the case to a conclusion using a speedy trial demand. We take that step when it is the advisable path.
Mistakes happen and good people end up on the wrong side of the law. If you now face your first-ever criminal charge, the whole legal world will be foreign to you. Clients can rely on our experienced criminal defense attorneys Larry Kohn and Cory Yager. They guide you through the process and explain what is happening at each hearing. Board-Certified Marietta DUI attorney William C. Head also won a jury trial victory in Cobb County, and the case is worth a look.
A Marietta criminal lawyer appears in Marietta Municipal Court every week. Our lawyers represent anxious clients as they face serious criminal charges. Those charges include: DUI Alcohol, DUI Drugs, Disorderly conduct, Simple assault, and Underage possession of alcohol by a minor. Other Traffic Offenses come up as well, such as Super Speeder GA, aggressive driving or hit and run GA. Possession of Marijuana (less than an ounce) can be handled in municipal court.
First Offense DUI Lawyer GA: DUI Attorneys Near Me
Four out of every 5 clients we represent are first DUI offense clients. A few "1st in 5" clients will have a second offense DUI, but the prior DUI was outside the last 5 years. Second DUI offense information. For driver's license purposes, that timing is far more favorable than a 2nd DUI within 5 years.
A 2nd in 5 years conviction brings harsher terms. All vehicle license plates are confiscated. The driver cannot drive for 120 days for any purpose. After that, she or he may be able to get an interlock-restricted driving permit for the next 12 months. After 18 months, she or he can seek restoration of the full GA license.
The criminal punishment follows its own rules. Any 2nd DUI conviction within the past 10 years mandates not fewer than 72 hours in jail. The sentence also requires 240 hours of community service and a clinical evaluation. The driver must complete the risk reduction program (DUI school). The driver must also pay a license reinstatement fee to the state to restore driving privileges.
Third DUI offense information. Any third offense DUI within the past 10 years, using dates of arrest to measure, can put you in jail for 15 days to 12 full months. The fines and surcharges can reach several thousand dollars. A 3rd DUI conviction in 5 years will also revoke your license for 5 years. Mr. Head built a page for these repeat 3rd DUI offenders that covers such severe and serious cases in more detail.
What Is Arraignment, and Do I Need a DUI Defense Lawyer for That?
You have three choices when you come to your arraignment. The first is a plea of guilty or no contest. The second is a request that the court appoint a public defender. Coming to court with an experienced Marietta criminal attorney from our law firm is the better route. Our lawyers know what it takes to avoid a lifelong criminal conviction. The choice is yours.
Many people ask, "How much is a Marietta DUI lawyer?" That answer should include the lifetime of penalties that come with a GA criminal record. Higher insurance, job loss, the loss of right to vote, limited travel, divorce, bankruptcy…the pain is almost endless. Our defense attorneys understand the life-altering effects a conviction can have. Those effects reach your work, family, and personal life.
Our attorneys will sit down with you for a free case consultation. They will listen to what happened and go over our fees and manageable payment plans. You may decide to hire another Marietta, Georgia criminal defense firm. Even then, the time you spent with us will have been well worth it, because you will get our honest opinion on the conviction penalties you face.
The third choice is a plea of not guilty, which sets the case for motions or trial.
Traffic cases work the same way. At a Cobb County traffic court arraignment, the judge reads the charge and takes your plea. A not guilty plea preserves room to negotiate a reduction that keeps points off the record. The date printed on a citation is a mandatory appearance. That appearance is excused only if your lawyer files an entry of appearance and waiver. Drivers should weigh the fee against reinstatement costs and insurance surcharges.
24-Hour Criminal Defense Lawyers: Statewide Coverage
Our three DUI attorneys Marietta GA understand that police officers sometimes make arrests on flimsy or even non-existent evidence. Some people are taken to jail and believe their arrests were unjustified. Many of them decide to "lawyer up" and look for an experienced DUI lawyer in Cobb County, GA. After sometimes staying in jail all day and night, they are ready for vindication. They want a legal warrior on their side.
Many of our clients never ask, "how much does a DUI lawyer cost in Georgia?" They simply want every legal defense and strategy used in their court battle. Drivers who only want to plead guilty should seek other counsel. Our phones are answered 24 hours a day, weekends, and all major holidays. A free consultation is yours for the asking. Call today: 404-567-5515 for immediate attention, even on weekends and holidays.
The cities our DUI law professionals handle regularly include Atlanta, Alpharetta, Woodstock, Holly Springs, Canton, Acworth, Kennesaw, Smyrna, Mableton, and Powder Springs. Our lawyers also cover other Cobb County municipal court locations. Our attorneys for DUI defense regularly appear in Paulding County, Cherokee County, Forsyth County, and Douglas County, GA. Cobb County, GA and Fulton County, GA account for a large share of the DUI arrests we handle. DeKalb County and Gwinnett County, Georgia follow close behind. Our legal team will travel anywhere in the State of Georgia to defend our clients. Our DUI defense lawyer team has office locations in Atlanta, Georgia, Alpharetta, GA, Sandy Springs, GA, and in Marietta, GA.
The Marietta Municipal Court is located at 240 Lemon St NE, Marietta, GA 30060. This building also houses the Police Department. The building is within easy walking distance of historic Marietta Square. Some free parking spaces sit near the Marietta Municipal Court building. Arriving early helps in getting one of the open spaces.
This page is general information about Georgia law and the courts that serve Cobb County. It is not advice about any one arrest or citation. Every case is different, and the result turns on the facts, the charge, the court, and the judge assigned to it. A Georgia lawyer who has read your paperwork can tell you what your own options actually are.
Drivers still weighing their choices can read our guide on how to find DUI attorneys near me in Georgia. Please hold back confidential details until you have hired a lawyer and signed a fee agreement. A phone call, email, or chat on its own does not make our firm your counsel.
Speak With a Marietta License Suspension Attorney
Kohn & Yager LLC offers a free case review on Cobb County traffic and license suspension matters. Clients should have the citation or DDS 1205 form in hand. Every deadline runs from a date printed on them. The window after a DUI arrest is only 30 days.
A Marietta license suspension attorney can identify which suspension sits on your record. Counsel can also discuss whether the citation may be resolved without a conviction. The lawyer will then explain what reinstatement requires. Call (404) 567-5515. Every case is different and results depend on the specific facts.
How a Suspended License Starts in Cobb County
A Georgia license suspension almost always begins with one of three events. The first is a DUI arrest and the DDS 1205 form. The second is a conviction or points from a Cobb County traffic citation. The third is a failure to appear in traffic court.
The DUI path runs through the implied consent statute. That path starts an administrative suspension separate from the criminal case. The points path runs through the rules on suspension for points, which allow suspension at 15 points in any 24-month period. Failure to appear triggers a bench warrant and a suspension at once.
The sections below cover which court hears the case and why the license is suspended. They also cover what deadlines apply. A Marietta license suspension attorney can usually sort out which one applies in one call.
Cobb County Traffic Court: Where Your Citation Is Heard
Where the case is heard depends on who wrote the ticket. The State Court of Cobb County traffic division sits at the Cobb County Justice Center in Marietta. That court hears citations from Cobb County Police and the Georgia State Patrol in unincorporated Cobb. City tickets go to the municipal courts of Marietta, Smyrna, Kennesaw, Acworth, Austell, and Powder Springs. Campus police cases go to the Kennesaw State court.
The ticket answers the question for you. The court name, appearance date, and case number are printed on every Cobb County traffic citation.
Arraignment dates in Cobb County traffic court are set weeks out, and counsel can ask for a continuance. Cory Yager wrote citations as a Cobb County police officer. That background helps us read how a charge was written. Many Cobb County traffic court matters resolve through counsel without the client appearing. The outcome still depends on the charge and the judge.
Paying a Cobb County Traffic Ticket vs. Fighting It
Paying a Cobb County traffic ticket online or by mail is a plea. Payment reports a conviction to Georgia DDS and adds points. Payment does not make the ticket disappear.
Point values drive the risk. Speeding 15 to 18 mph over adds 2 points, 19 to 23 adds 3, 24 to 33 adds 4, and 34 or more adds 6. Aggressive driving adds 6 and following too closely adds 4. The Super Speeder fee applies at 75 mph on a two-lane road and 85 mph anywhere. Not paying that fee brings its own suspension.
A nolo plea is limited to once every five years. Drivers under 21 cannot use it for most moving violations. Clients reach us most weeks after paying a Cobb County traffic ticket online. They learn later that a suspension posted.
Reasons a Georgia Driver's License Gets Suspended
Drivers are often surprised by what reaches the Department of Driver Services.
DUI conviction. The conviction suspends the license, and the arrest triggers a separate administrative suspension.
Implied consent refusal. Refusing the state test generally brings a 12-month suspension under Georgia's implied consent law.
Points. Fifteen points in 24 months allows suspension under Georgia law, generally for six months.
Failure to appear. The suspension holds until the traffic case is cleared.
Unpaid fines and fees. An unpaid fine or Super Speeder fee suspends privileges until payment posts.
No insurance. A coverage lapse reported to DDS generally suspends the license for 60 days or more.
Drug convictions. Any drug conviction can suspend a license, even with no vehicle involved.
Drivers under 21. Suspension follows 4 or more points, and certain offenses under the under-21 license suspension rules.
Unpaid child support. A court order can suspend privileges until the driver complies.
Two or three suspensions often run at once. That overlap is why a Marietta license suspension attorney starts with the driving history.
Missing Court in Cobb County: Bench Warrants and Failure to Appear
Missing a court date in Cobb County creates two problems at once. The judge issues a bench warrant. The court also notifies DDS, which suspends the license for failure to appear.
The usual fix is a motion to lift the warrant and reset the case, filed by counsel. Walking into the Cobb County Sheriff's warrant division risks arrest on the spot. Warrant information is still searchable through the Sheriff's Office.
The suspension generally holds until the case is resolved and DDS receives the clearance. The driver must also pay the reinstatement fee. Whether a warrant can be lifted without an appearance depends on the court and the age of the case.
The 30-Day Deadline to Protect Your Georgia Driving Privileges
The DDS 1205 form carries a short deadline. Under Georgia's implied consent law, a driver generally has 30 days from the arrest date to act. The driver must file the administrative appeal or elect the interlock permit, with the required filing fee.
If a driver misses that window, the suspension takes effect automatically. No administrative remedy is left.
The appeal preserves full driving privileges while the hearing is pending. The interlock election waives that hearing. In exchange, an eligible first offender may drive right away with the device installed.
This administrative suspension differs from a points or failure-to-appear suspension. That suspension comes from the arrest itself, not a conviction. It can also run while the criminal case is open.
Frequently Asked Questions
How Do I Find Out Which Court My Citation Is Assigned To?
The court name, address, and appearance date are printed on the citation. Tickets written in unincorporated Cobb go to State Court. City tickets go to that city's court.
Does Paying a Ticket Online Put Points on My Georgia License?
Yes, paying a ticket online puts points on a Georgia license. Online payment is a plea, and the conviction reports to DDS with the points for that offense.
How Long Do I Have to Appeal a License Suspension After a DUI Arrest?
A driver generally has 30 days from the arrest date under Georgia's implied consent law. After that, the suspension usually takes effect with no appeal left.
What Happens if I Miss My Traffic Court Date in Marietta?
The judge may issue a bench warrant. The court also reports the failure to appear to DDS, which suspends the license until the case clears.
How Many Points Suspend a Driver's License in Georgia?
Fifteen points in any 24-month period will suspend a license under Georgia law. Drivers under 21 face suspension at a much lower threshold.